The board found that respondent, who is not an attorney at law, conducted abusiness under the name "Trouble R Us Consumer Advocates" in Pomeroy, Ohio.During the course of his business, respondent gave legal advice to a resident of Ohioand prepared and filed complaints on her behalf in an Ohio court.Naturally the Court found that such activity constituted Unauthorized Practice of Law.
Neither Defendants nor the Court provided any Decisional law from Connecticut.The Law in Connecticut is quite clear however, and it provides:Gen. Stat. § 1-42 et. seq.
Sec. 1-51. Claims and litigation.
In a statutory short form power of attorney, thelanguage conferring general authority with respect to claims and litigation shall beconstrued to mean that the principal authorizes the agent:(1) To assert and prosecute before any court, administrative board, department,commissioner or other tribunal any cause of action, claim, counterclaim, offset ordefense, which the principal has, or claims to have, against any individual,partnership, association, corporation, limited liability company, government, orother person or instrumentality, including, but not limited to, power to sue for therecovery of land or of any other thing of value, for the recovery of damagessustained by the principal in any manner, for the elimination or modification of taxliability, for an injunction, for specific performance, or for any other relief;(2) to bring an action of interpleader or other action to determine adverse claims; tointervene or interplead in any action or proceeding, and to act in any litigation asamicus curiae;There is nothing equivocal about the Plain Language of the Statute when a validConnecticut Power of Attorney is involved. The Court did not address this argument onprior occasion because it impliedly determined that Ohio Law still governed this matter. Ms.King filed a Motion for Reconsideration to the contrary, however with her new Power of Attorney firmly set in Connecticut she is authorized to have her son stand in her shoesbefore the Court.Note further that in Connecticut Christopher King, Esq. is authorized to stand inplace of his mother whether or not he is licensed in Connecticut or anywhere else, pursuant to established Connecticut Law,
Clark v. Visiting Nurse Serv
., 2001 Conn. Super. LEXIS434 (2001)(Appendix A).
Ohio, in contrast to Connecticut,
have Plain Statutory language specifically granting aPower of Attorney the right to prosecute actions before the court, including motions to interplead.